Cohen v. Garland

As stated in the majority opinion, plaintiff Cohen sued the defendant Garland for $10,000 as money had and received, alleging that this sum had been paid on the defendant’s agreement to represent the plaintiff as his attorney in certain criminal cases pending against him; that defendant performed no services, rescinded the contract, and refused to refund the fee. This suit was filed December 28, 1962. Thereafter on October 11, 1967, and after September 1, 1967, the effective date of the Civil Practice Act, plaintiff amended the complaint to allege that at the time defendant accepted the money…